Mental capacity and best interests assessments

Independent assessment when a decision cannot wait

Capacity questions usually arrive with a deadline attached: a discharge that cannot proceed, a placement decision, a property matter, or an application to the Court of Protection.

Mwanga carries out these assessments independently of the organisation making the decision, which matters when the assessment may later be scrutinised.

Assessment is carried out by a Registered Mental Health Nurse who is also a qualified Best Interests Assessor.

An assessment room at Mwanga with seating and natural light.

What we assess

Mental capacity assessments

Decision-specific assessments carried out under the Mental Capacity Act 2005. Each follows the two-stage functional test and sets out a clear written rationale for the conclusion reached.

What you receive

Structured written report with decision-specific rationale
Clear record of the two-stage functional test
Record of the practicable steps taken to support the decision
Recommendations for support and next steps

Common contexts

Care and residence decisions
Financial decisions
Medical treatment decisions
Contact and relationship decisions

Best interests assessments

Where someone is assessed as lacking capacity for a specific decision, a structured best interests assessment considers their wishes, feelings, beliefs and values, and consults the people the Act requires us to consult.

What you receive

Written best interests decision record
Summary of consultation with family, carers and professionals
Rationale applying the least restrictive principle
Recommendations for care planning

Common contexts

Care package planning
Placement and residence decisions
Treatment and support decisions
Deprivation of liberty considerations

Mental health assessments

Assessment of mental state, presentation and functional impact, providing an independent clinical perspective to inform care planning and commissioning decisions.

What you receive

Detailed assessment of current mental state
Analysis of functional impact
Risk screening and formulation
Recommendations for care and support

Common contexts

Commissioning and review decisions
Placement suitability
Care programme approach reviews
Independent second opinions

Risk assessments

Structured risk assessment using established professional judgement frameworks, covering risk to self, risk to others and vulnerability, with a risk management plan that can actually be acted on.

What you receive

Structured risk assessment report
Risk formulation with contextual analysis
Risk management plan with clear actions
Recommendations for monitoring and review

Common contexts

Community placement planning
Hospital discharge planning
Safeguarding enquiries
Legal and tribunal proceedings

Deprivation of Liberty Safeguards

Best Interests Assessor work under DoLS. The Liberty Protection Safeguards have not been implemented, so DoLS remains the framework in force.

What you receive

Best interests assessment for DoLS purposes
Consideration of less restrictive options
Clear written reasoning

Common contexts

Care home and hospital authorisations
Supported living arrangements
Reviews and renewals

Scope and boundaries

Being clear about what we do not do matters as much as listing what we do. If a piece of work falls outside this, we will say so rather than stretch a scope of practice.

What we provide

Independent capacity, best interests, risk and mental health assessments
Written reports with clear rationale and recommendations
Liaison with care teams, solicitors and commissioners
Structured risk management plans
Attendance at best interests meetings where commissioned

Outside our scope

Ongoing treatment or therapy
Crisis intervention or emergency response
Prescribing medication
Detention under the Mental Health Act
Diagnosis requiring a psychiatrist or paediatrician

Who instructs us

Local authorities

Adult social care teams needing independent capacity or best interests assessment, including where an in-house assessment could be seen as conflicted.

Solicitors

Court of Protection work, property and affairs matters, and cases where capacity is contested and a clear written rationale is needed.

Care providers

Care homes and supported living services needing capacity assessment, risk assessment or a care planning report.

What you receive

A written report setting out the assessment and its reasoning
Clear findings against the statutory test, not a bare conclusion
A record of who was consulted and what they said
Recommendations and, where relevant, a risk management plan
Signposting to other services where these would help

Reports are written to be understood by the people who have to act on them, and to stand up if they are later examined.

Instructing Mwanga

This part of the service is available now. Contact us with a brief outline of the decision in question and the deadline you are working to, and we will confirm whether we can take it.

Make an enquiry